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My husband came to the US w/o inspection as a toddler, is our marriage valid if he is here illegally?My husband is 22, lived in the US for 20 years unknowingly here illegally until SS said his SSN was invalid. We were married in Feb2009 - we are working on the I 130 form, but is our marriage valid / honored if he is not a US citizen and entered without inspection? Attorney answers (2)
Reputation Level 14
Answered over 2 years ago.
Federal Crime Lawyer in Saint Petersburg, FL.
You should consult an attorney in the state where you married. Generally, the fact that you married someone who is undocumented does not delegitimize your marriage. However, there could be some quirk in your state law and for that reason, you will want to consult with an immigration attorney. In addition, I strongly advise you against filing the I-130 without the assistance of an attorney. If you do not have sufficient funds to hire an attorney, you could consult with the Northwest Immigrant Rights Project in Seattle.
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If your marriage was in WA, Chapter 26.04 RCW (Marriage) is WA's statutes on marriage. The statutes are at http://apps.leg.wa.gov/RCW/default.aspx?cite=26.04 .
In WA, the parties' immigration status or citizenship has no bearing on the validity of the parties' marriage. As for your husband's immigration issues, he likely should review his specific facts with his attorney. If there was an approveable immigration petition filed for him before April 2001, he may have a way to adjust his status while remaining in the US. Also, aliens from certain countries being in the US at certain times may be beneficiaries of special immigration laws. Related Questions2 Attorney answers: 
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